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SESSION 3

Structuring the transaction; multi-party contracts, joinder/ consolidation

Sonali Mathur kickstarted the session by explaining the types of arbitrations and the amendments that took place in Arbitration. She said that, “the Amendment 2015 was the watershed moment in Arbitration in India.” She explained a few sections of the Act and focused on Section 20. She further explained the Hybrid Clause and Pathological Clause and mentioned a few cases. Later, the concept of Arbitrability was then launched in the form of a poll. Sonali Mathur while explaining the answers to the poll explained and quoted that “Action in Rem is not Arbitrable but Action in Personam is” . 
 
Furthermore, the speaker highly recommended everyone to read the ENERCON Judgement and elucidated that where clause does not mention the seat of the Arbitration, it will be determined by the law of the country where proceedings are going on. Sonali Mathur brought us to the conclusion that the intention of the parties to be joined together and arbitrate is the ultimate key in such matters.
 
 
 

Resource Person

Sonali Mathur

Partner, AZB & Partners